Posted on November 13,2020 in Spousal Maintenance

In many marriages, it is not uncommon for one spouse to have a higher income than the other spouse. In these situations, the lesser-earning spouse relies on the higher-earning spouse to facilitate and maintain the way of life they are used to. In some cases, the lesser-earning spouse may not even be employed and may have been a homemaker and contributed to the household that way. When couples who have a significant imbalance in income get a divorce, the lesser-earning spouse is often awarded spousal support in Illinois, which is also known as spousal maintenance or alimony.

Receiving Spousal Maintenance

Spousal maintenance is never guaranteed in any divorce. However, some people are still required to pay spousal support because of a previously entered marital agreement. If you and your spouse have a prenuptial or postnuptial agreement, the court will examine these documents to ensure that they are valid. If they are found to be valid, you will have to abide by the terms of the agreement you agreed to prior. If your agreement is deemed invalid or you did not have an agreement, the court will determine whether or not spousal maintenance is appropriate by looking at a variety of factors. These elements can include things such as you and your spouse’s age, health, occupation, education, work history, contribution to the marriage, and more.

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 Posted on November 11,2020 in Divorce

Getting a divorce is never enjoyable or simple -- everyone knows that. In a best-case scenario, you and your spouse will be able to settle most of the major issues of your divorce without any conflict or with very little conflict. However, for many couples, this just is not the reality of the situation. In many divorce cases, there will be at least one issue that the couple does not agree upon and that needs a little bit of extra attention to work out. For some, this can be property division or other financial issues, while for others it may be child-related issues, such as allocating parenting time or decision-making responsibilities. If your spouse is less than agreeable, you may end up having to resort to the discovery process to gather information and to ensure you are receiving complete and accurate information. Depositions are just one of the tools available during the divorce proceedings that can help gather information.

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 Posted on November 06,2020 in Guardianship

For many people, making the decision to establish legal guardianship over someone is a rather difficult and emotionally stressful decision to make. However, establishing legal guardianship of your loved one can often be the only way to ensure that he or she is safe and protected in some situations. Guardianship is a way of establishing legal authority over another person in the event that he or she becomes incapacitated or is unable to make decisions. In Illinois, guardianship can be established over a minor who is under the age of 18, or an incapacitated adult. If you are contemplating establishing guardianship over a family member or friend, you likely have questions about guardianships in Illinois and the process of establishing it. The following are a few frequently asked questions and their answers about Illinois guardianship.

Who Is Eligible to Have a Guardian Appointed to Them?

When a person turns 18, he or she is automatically presumed to be of sound mind and able to make responsible decisions for himself or herself. However, a person can be appointed to serve as someone’s guardian if he or she is disabled because of mental deterioration, physical handicap, mental illness, or developmental disability.

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 Posted on November 03,2020 in Divorce

Being a doctor can be a rewarding career for many people, but it is also a demanding and stressful job at times. Many physicians work long hours in challenging environments, which can lead to issues at home and can even sometimes lead to a divorce. Just as their profession may have caused conflict during the marriage, it can also end up making things more difficult during the asset division process in a divorce. For most physicians, their practice is their biggest asset and one of their most pressing concerns throughout the divorce process. If you are a doctor and you own your own professional practice, legal guidance from a knowledgeable Illinois divorce attorney can be invaluable when going through a divorce.

Considerations for Divorcing Physicians

When it comes to getting a divorce, there are many issues that must be decided. In all divorce cases, you and your spouse will have to determine what is and is not marital property and then distribute that property between yourselves. In marriages that involve minor children, you and your spouse must also come to an agreement on issues such as parental responsibilities and parenting time allocation. When it comes to physicians getting divorced, there are a few considerations that you should keep in mind:

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 Posted on October 30,2020 in Allocation of Parental Responsibilities

Many couples can successfully complete a divorce in a cooperative manner, but when children are involved, things can become a bit more complicated. Most parents can agree that the most important issues to deal with during their divorce are those that concern their children. In many contested or complex divorces that require court intervention, the court will likely appoint a child custody evaluator to determine what would be in the child’s best interests, as far as allocating decision-making responsibilities and parenting time. An Illinois child custody lawyer can help you fight for your parental rights and protect your child’s best interests.

What Is Parental Alienation?

The term parental alienation describes a parent’s behavior when he or she attempts to harm the relationship between his or her spouse and their child by turning the child against the parent. The alienating parent typically uses manipulative techniques to achieve this and can even lead the child into believing that the alienated parent is the enemy. Parental alienation is considered by many psychologists and others in the mental health professions as a form of emotional child abuse, which is why it is taken so seriously during child custody proceedings.

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 Posted on October 28,2020 in Paternity

When a child is born to two people who are married, in a civil union, or who were married or in a civil union within 300 days prior in the state of Illinois, those two people are legally presumed to be that child’s parents, even if that is not necessarily true. A child’s legal parents are required to provide for the child’s well-being, including providing for their financial needs. If the parents ever get divorced, the father has a legal right to decision-making responsibilities and parenting time, as well as an obligation to pay monthly child support. If the father finds out that he is not the father of the child, he can file to disprove the paternity of the child, which may relieve him of his parental responsibilities.

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 Posted on October 27,2020 in Uncontested Divorce

It can feel like you have gotten over a giant hurdle once you have finally made the decision to tell your spouse that you want a divorce. Now that you have made that decision, you must begin to make even more difficult decisions throughout the process. One of the first decisions you will be required to make during your Illinois divorce is whether or not your divorce will be contested or uncontested. Both types of divorces have their place, but an uncontested divorce can offer benefits that a traditional litigated divorce cannot.

What Is an Uncontested Divorce?

In the simplest terms, an uncontested divorce is any divorce that takes place between two spouses who agree on all or most issues pertaining to their divorce. During a divorce, there are various issues that need to be discussed and settled, which can include issues such as dividing and allocating your marital debt and property, determining if spousal support is needed and if so, how much and for how long. If there are children, issues such as designating parenting time, allocating decision-making responsibilities, and calculating child support must all be addressed.

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 Posted on October 23,2020 in Divorce

Anyone who has ever been through a divorce can tell you that even under ideal circumstances where both spouses agree on your divorce issues, the process of separation is still rather difficult. Although it is not impossible for you and your spouse to agree on every single one of your divorce issues, it is highly unlikely that this will happen. It can be likely, though, that you only disagree on one or a couple of issues, which can make your divorce go much more smoothly. Another issue that can greatly decrease the difficulty of your divorce is being properly prepared before you begin the process. There are so many facets to the divorce process, which is why it is important that you hire an Illinois divorce lawyer who can help you with as much of the prior preparation as possible.

Top Tips for Beginning a New Chapter

A divorce can be overwhelming for many reasons, so that is why it is critical that you take your time and seek out the advice of a legal professional. If you are thinking about getting a divorce, here are five helpful tips to keep in mind before you initiate the proceedings to dissolve your marriage:

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 Posted on October 21,2020 in Allocation of Parental Responsibilities

Most of the time, the biggest worry that couples have when they are getting a divorce is how it will affect their children. For the most part, children are fairly resilient and will eventually bounce back from the stress and transition of the divorce. Children with special needs may not be as resilient, however, and may need special considerations of their own. Before you are able to finalize your divorce, you are required to file a parenting plan with the court that outlines your parenting time schedule and how you have allocated your significant decision-making responsibilities. If you and your spouse are the parents of a child with special needs, there are certain things that you should keep in mind to ensure your child gets what he or she needs.

Things to Keep in Mind for Your Parenting Plan

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 Posted on October 16,2020 in Divorce

When a marriage breaks down, it is rare that the two spouses still want to live in the same home together, let alone spend time in the same room with one another. However, many couples still try to reside under one roof while their divorce is underway, especially if there are children involved. However, this can become difficult if things turn sour or if you and your spouse are not on good terms when you begin the divorce. Unless you and your spouse qualify and file for a simplified dissolution and agree on all issues, you will have to negotiate the terms of your divorce. This process can be extremely stressful for couples who do not communicate well or who cannot cooperate with one another. In extreme cases, either spouse can petition to have exclusive possession of the marital home.

What Does Being Granted “Exclusive Possession” of the Marital Home Mean?

During your divorce, you and your spouse both have the right to request to have exclusive possession of your marital home, but only until the divorce is finalized and only under certain circumstances. Typically, these circumstances have to be extreme. You must be able to prove that either you or your children's’ physical or mental well-being is in jeopardy by having both you and your spouse live there. The court will then conduct a hearing to determine the best course of action. In some cases, entering into a temporary eviction from the marital residence for one of the spouses can be a solution to the issues in the household. The spouse who is temporarily evicted is not always the spouse who keeps the home, as property division is an entirely different process.

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